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Thread: Dog bit the UPS man

  1. #16
    Gail in Georgia is offline Senior Member
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    Quite frankly, you are a complete idiot to use a wireless pet fence system to contain a Boxer/Pitbull mix...and I say this having owned BOTH breeds.

    Both breeds have an unfair reputation of being vicious. Many communities do not allow Pits and even one incidence of aggression is enough to require euthanasia coupled with a significant fine/jail time to the owner.

    So...a UPS driver going up the driveway turns around and sees a large Boxer/Pit mix crouched down, looking to leap up to them...and you claim the driver is the aggressor because they used the only object they have available in an attempt to protect themselves.

    Have some common sense! If you wish to keep this breed, build yourself a privacy fence and be save yourself the grief of having your socks sued off of you.

    Gail
  2. #17
    swalsh411 is offline Senior Member
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    Putting up a real fence would be a big step towards becoming a responsible owner.
  3. #18
    Sinsaint is offline Member
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    Quote Originally Posted by Gail in Georgia View Post
    Quite frankly, you are a complete idiot to use a wireless pet fence system to contain a Boxer/Pitbull mix...and I say this having owned BOTH breeds.

    Both breeds have an unfair reputation of being vicious. Many communities do not allow Pits and even one incidence of aggression is enough to require euthanasia coupled with a significant fine/jail time to the owner.

    So...a UPS driver going up the driveway turns around and sees a large Boxer/Pit mix crouched down, looking to leap up to them...and you claim the driver is the aggressor because they used the only object they have available in an attempt to protect themselves.

    Have some common sense! If you wish to keep this breed, build yourself a privacy fence and be save yourself the grief of having your socks sued off of you.

    Gail
    If you are going to call me an idiot at least get the facts straight. She didn't mysteriously poof out of the sky behind him in the crouched-down-ready-to-pounce position. She was in the front yard the entire time, including when he got bit. The driveway is a straight line to the side door. The dogs do not have access to the door, driveway, main road or anywhere in between. They can stand in the front yard and bark at people but they can't get to them which is exactly what they did as he walked up the driveway and delivered the package. When he turned around she was still in the same spot in the yard barking, just like she had been when he walked up. She didn't pop out of some magical top hat she had hidden in the driveway or jump on a flying carpet that swooped her into the driveway. Had I not been there to see the entire thing myself I might have believed she rode her broomstick into the driveway but she didn't have it with her at the time and it hasn't flown right since she chewed it up.

    Anyway, instead of walking back down the driveway safely at a distance from where HE KNEW her boundry was HE CHOOSE to walk through the yard. Even then she wasn't crouched down. He swung his signature pad at her face and that's when she crouched down. After the second time he swung the pad is when she bit. This is where it gets magical. For whatever reason other than knowing the driveway was safe, the delivery guy ran back down into it. And then guess what happened. You'll never guess. Nothing... because once he was back in the driveway she couldn't get to him. And she didn't try to either. Once he was out of the yard and done swinging she walked away. And I really don't care if you've had experience raising Akitas on steroids. The fence worked exactly the way it was supposed to. She never left the yard.
  4. #19
    Willlyjo Guest
    Quote Originally Posted by Sinsaint View Post
    If you are going to call me an idiot at least get the facts straight. She didn't mysteriously poof out of the sky behind him in the crouched-down-ready-to-pounce position. She was in the front yard the entire time, including when he got bit. The driveway is a straight line to the side door. The dogs do not have access to the door, driveway, main road or anywhere in between. They can stand in the front yard and bark at people but they can't get to them which is exactly what they did as he walked up the driveway and delivered the package. When he turned around she was still in the same spot in the yard barking, just like she had been when he walked up. She didn't pop out of some magical top hat she had hidden in the driveway or jump on a flying carpet that swooped her into the driveway. Had I not been there to see the entire thing myself I might have believed she rode her broomstick into the driveway but she didn't have it with her at the time and it hasn't flown right since she chewed it up.

    Anyway, instead of walking back down the driveway safely at a distance from where HE KNEW her boundry was HE CHOOSE to walk through the yard. Even then she wasn't crouched down. He swung his signature pad at her face and that's when she crouched down. After the second time he swung the pad is when she bit. This is where it gets magical. For whatever reason other than knowing the driveway was safe, the delivery guy ran back down into it. And then guess what happened. You'll never guess. Nothing... because once he was back in the driveway she couldn't get to him. And she didn't try to either. Once he was out of the yard and done swinging she walked away. And I really don't care if you've had experience raising Akitas on steroids. The fence worked exactly the way it was supposed to. She never left the yard.
    I really sympathize with you concerning the ignorant posts. The bottom line is the UPS guy in essense, walked into an area that he should have known was off limits since there was a dog capable of biting him in that area. Perhaps you should have had a sign that said beware of dog! And/or Keep out of the Front Yard!!
  5. #20
    swalsh411 is offline Senior Member
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    Quote Originally Posted by Willlyjo View Post
    I really sympathize with you concerning the ignorant posts. The bottom line is the UPS guy in essense, walked into an area that he should have known was off limits since there was a dog capable of biting him in that area. Perhaps you should have had a sign that said beware of dog! And/or Keep out of the Front Yard!!
    The only ignorance I have seen is the OP thinking an invisible fence is acceptable for her dog or any of her excuses holding up in court. She is responsible for the conduct of her dog and keeps making excuses.
  6. #21
    Sinsaint is offline Member
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    Quote Originally Posted by Willlyjo View Post
    I really sympathize with you concerning the ignorant posts. The bottom line is the UPS guy in essense, walked into an area that he should have known was off limits since there was a dog capable of biting him in that area. Perhaps you should have had a sign that said beware of dog! And/or Keep out of the Front Yard!!
    I asked my insurance company about that this morning and they told me not to put signs up. She told me to put signs up telling people to stay off the grass and enter through driveway but not to put up anything about the dogs.
  7. #22
    commentator is offline Senior Member
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    Actually Gail in GA is right. I don't agree that the dog was restrained, either. I have also owned pit bulls, and other large aggressive natured dogs, and there is something about that UPS truck and person that tends to drive some animals nuts. My dogs would have chewed up chains, (actually tried) to get to the UPS delivery driver. An invisible fence would have been completely useless, as some animals very quickly learn that if you stand a few moments of pain, you're free.

    In all my years of dealing with animals, I have almost come to accept as a given that any time a person says "The dog has never bitten anyone before," they just have, or they are just about to. There's always a first time, you know.

    Quote: "Without provocation? He swung an object at her face twice before she bit him. What did he have to do? Bend over and bite her before she was entitled to bite him back?"

    You can forget the "dog was defending itself" thing. Dogs do not have any sort of "stand your ground" law that applies. I saw a lawsuit successfully carried out by a person who actually walked up on a dog who was literally lying in a box with her pups, with Keep Out, No Trespassing and Beware of Dog signs up all over the yard, the homeowner telling the person not to come through that part of the yard as it happened. The visitor got bit and the victim of the bite actually won the lawsuit. I suspect that was what would happen if UPS were to sue you. As Ron said, you are completely liable in this situation.
    Last edited by commentator; 04-17-2012 at 03:42 PM.
  8. #23
    ecmst12 is offline Senior Member
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    An invisible fence works on your dog. It does not work for PEOPLE. And what you need is something that keeps PEOPLE out of your yard and away from your dog.
    >Charlotte< likes this.
  9. #24
    ecmst12 is offline Senior Member
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    Also, stop making it sound like the UPS guy was intentionally attacking your dog. He was absentmindedly tossing/swinging his equipment in no particular direction and the dog could see it. You really are blaming the victim. Your insurance will take care of this but you need to make steps to prevent it from happening again.
  10. #25
    Sinsaint is offline Member
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    Quote Originally Posted by ecmst12 View Post
    Also, stop making it sound like the UPS guy was intentionally attacking your dog. He was absentmindedly tossing/swinging his equipment in no particular direction and the dog could see it. You really are blaming the victim. Your insurance will take care of this but you need to make steps to prevent it from happening again.

    Really? And you saw this absentmindedly tossing/swinging of equipment from where? And I don't believe he set out to attack my dog. I think he believed if he hit her she would stop barking. Also, I'm not blaming the victim. I'm blaming the person who walked into my yard after he had already been told not to.
  11. #26
    Sinsaint is offline Member
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    Quote Originally Posted by commentator View Post
    Actually Gail in GA is right. I don't agree that the dog was restrained, either.
    I know the Health Department is not a dispenser of legal advice but after explaining what type of containment system I was using I was told that the dog was properly restrained.
  12. #27
    ecmst12 is offline Senior Member
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    You need to install a PHYSICAL BARRIER to keep PEOPLE away from your dangerous dog.

    If the driver was intentionally throwing something at your dog (which is not what it sounded like in your first post) then he was stupid, but that still does not mean you are not liable for your dog injuring him. Your dog should be trained NEVER EVER to bite a human no matter what that human might be doing.
  13. #28
    csi7 is offline Senior Member
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    As the owner of two large dogs, and now, two small dogs, I have signs up visible from the road stating "beware of dog". My homeowners insurance company requires these signs on all four sides of the fence. Both of the larger dogs bit someone who was attacking me, and one of them had to be kept in a kennel and then at a non disclosed location until we moved from the area. Neither of the dogs ever bit again, however, I had to keep them on a leash, observe them in the fenced in area, and when someone came to the door, I stepped between the screen door and the front door.
    I think the dog was definitely provoked, in any way, shape, form, or view. The fact that the UPS man backed up on his own tells me he provoked the situation.
    However, the dog owner is liable for a bite, whether it is self-defense or otherwise. Once a dog has bitten and broken the skin, in a lot of communities, they are considered vicious, dangerous, and can be put down for a bite incident.
    An invisible fence should still be marked.
    The UPS driver is wrong for walking through the mulch instead of the driveway. He didn't save any steps, he created a situation that cost the company manhours, times, money, and customer trust.
    In this situation, it can go in any direction.
  14. #29
    swalsh411 is offline Senior Member
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    Quote Originally Posted by Sinsaint View Post
    I'm blaming the person who walked into my yard after he had already been told not to.
    Again, the delivery driver is not bound by your instructions. He does not have to circumnavigate any hazards you may have in your yard. He is allowed to take the most reasonably direct route to your front door. Any hazards along that way on your property are your responsibility.

    And what if it had been a different UPS driver? Or a girl scout selling cookies? Or a first responder? Or a policeman investigating a broken window after reports of a bugler in the neighborhood? Or anything else that might have happened? Would you still be selling his garbage about how you warned the driver not to go somewhere?
  15. #30
    las365 is offline Senior Member
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    I asked my insurance company about that this morning and they told me not to put signs up. She told me to put signs up telling people to stay off the grass and enter through driveway but not to put up anything about the dogs.
    She told you this to reduce the perception of liability for this claim. You put a sign up now, it can be perceived as an admission that you should have had one before your dog bit the UPS man.

    That advice indicates to me that your insurance carrier is looking out for its own interest in trying to avoid paying the claim.

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